Is It Possible to Claim Unpaid TDS from the Government After Filing Returns in India?

Hi All,

One of my friend's companies is deducting TDS for the whole of her salary, although a breakup was given to her. Also, the TDS deducted from the employees is not paid to the government. Please let me know whether it is possible for her to claim the paid TDS from the government at the end of the financial year after filing her returns, provided she gets the Form 16 from the company.

In India, if your friend's company has deducted TDS from her salary but has not deposited it with the government, she can still claim the credit for this TDS while filing her income tax return. Here are the steps she can take:

1. Ensure she has Form 16: Your friend should collect Form 16 from the company as it is a crucial document for filing income tax returns and claiming TDS credit.

2. Verify TDS Details: Check Form 26AS to verify the TDS details reflecting against her PAN. This will help in ensuring that the TDS deducted by the company is correctly credited to her account with the Income Tax Department.

3. File Income Tax Return: Your friend should file her income tax return and declare the total income earned during the financial year. While filing, she can claim the TDS amount deducted by the company, even if it was not deposited.

4. Claim TDS Credit: In the income tax return form, there is a section where she can claim the TDS amount deducted by the company. This will reduce her tax liability or result in a refund if excess tax has been deducted.

5. Follow up with the Company: Your friend should also follow up with the company regarding the non-deposit of TDS with the government. The company is legally obligated to deposit the TDS amount deducted from employees.

By following these steps, your friend can claim the TDS amount deducted by the company, even if it was not deposited, while filing her income tax return.